Keeler v. Clark
New York Supreme Court
Motion by the plaintiff to set aside an execution on which he has been arrested, and by virtue of which he is in the custody of the sheriff of Broome county. The plaintiff, William.
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Motion by the plaintiff to set aside an execution on which he has been arrested, and by virtue of which he is in the custody of the sheriff of Broome county. The plaintiff, William. H. Keeler, brought an action before a justice of the peace of Broome county (commencing it by summons), in 1861, against the defendant, Daniel Clark, in which he complained as follows: “The plaintiff complains against the said defendant as follows: that in or about the year 1857, the defendant had in his possession and use a yoke of oxen belonging to and owned by plaintiff; and that while using and working said…
1Opinion of the CourtBalcom, J.
The manner in which actions are to be commenced before justices of the peace, except those to recover the possession of personal property, is not prescribed by the" Code. (See Code, §§52-68.)
Actions in justice’s courts, except those above mentioned, are now commenced, as heretofore, by the voluntary appearance and agreement of the parties, or by summons, warrant, or attachment, as provided by the Revised Statutes, the act of 1831, to abolish imprisonment for debt, and the statutes amending the same. (See 3. Rev. Stat., 5 ed., 428-433; Ib., 462-465; Laws of 1831, 396, ch. 300; 1 Cow. Treatise,…
2Cases cited2 opinions
- Wilbur v. BrownNew York Supreme Court · 1846
- Ridder v. WhitlockNew York Supreme Court · 1856
3Cited by2 opinions
- Davids v. Brooklyn Heights Railroad, New York County Courts1904
- Ritterman v. RopesThe Superior Court of New York City · 1885